Sports club closing could take months to sort out

Updated 5:53 pm, Tuesday, May 16, 2017

Dominick Donofrio, 31, was arrested May 9 and charged with 28 counts of failing to pay wages.

Dominick Donofrio, 31, was arrested May 9 and charged with 28 counts of failing to pay wages.

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Sports club closing could take months to sort out

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NEW MILFORD — The closing of the New Milford Sports Club and the arrest of its owner last week could mean that months will pass before members get back into the gym or recoup the fees they have paid.

The club closed May 7, two days before the arrest of Dominick Donofrio, 31, on charges of failing to pay 28 employees nearly $50,000 in wages. Meanwhile, the owners of the building at 130 Grove Street have filed a second eviction action, a case his attorney said could take months to resolve.

While these cases play out, members fume that Donofrio kept charging them fees almost up to the moment the club closed.

One member who asked not to be identified said her monthly fee was deducted from her back account on May 3, just four days before the club was shuttered.

“He kept saying, ‘No, no, no, don’t worry,’ “ she said. “Then, BOOM.”

According to an arrest affidavit, Donofrio had failed to pay some 53 employees since April, although the state Department of Labor had been pressing him to do so. He asked for time to take out loans to meet his obligations, the affidavit said, and also claimed that his payroll system was down.

Several employees got checks during April that bounced, said Nancy Steffens, a Department of Labor spokesperson.

The state Department of Consumer Protection has received 42 complaints from customers since March, spokesperson Lora Rae Anderson said, and new ones were still coming in Tuesday. She added that the department is working to stop future automatic charges to members.

“We are working hard to complete our investigation in a thorough manner as soon as possible,” she said, adding that consumers who want to file complaints should email dcp.frauds@ct.gov or call 860-713-6100.

Donofrio, who was arrested by state troopers and a labor enforcement agent at his Roxbury home, makes his first appearance in state Superior Court in Bantam on May 22.

Meanwhile, in state Superior Court in Litchfield, Donofrio and his father, who is part-owner of the club, are fighting eviction proceedings brought by their landlord, Rose-Wein, a joint venture between Bruce Weinstein and Gene Rosen.

Weinstein said he agreed to a 10-year lease with the two men last year after a previous tenant failed to pay rent for several months. He said they told him and the media they would renovate the space and put in new equipment.

“(Donofrio) sold us the world and we were anxious to sign,” Weinstein said. “Now I feel terrible for the members and the employees. They’ve all been very loyal to the club.”

An earlier eviction effort was thrown out of court because Donofrio was served documents by an out-of-county state marshal.

The second eviction complaint accuses the club of several lease violations, including failure to pay rent, late charges, sewer fees and real estate taxes. It further says the town of New Milford threatened to sell the property at public auction due to the lack of real estate tax payment

The pool and food area at the gym were closed by the New Milford Department of Health a short time before the club itself shut down.

Neil Marcus, who represents Donofrios in the eviction case, has said his client offered to settle. But Rose-Wein’s attorney, Jeffrey Tinley, has said the offer was unreasonable.

Marcus said he has not been retained for Donofrio’s criminal case, so he cannot comment on it. Donofrio could not be reached for comment.

Weinstein said he has paid back property taxes, kept the electricity on, reheated the pool and even contracted to cut the grass to “protect the property” while the cases play out.

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“It’s a mess, and I wish the Donofrios would just be stand-up people and leave it,” he said.